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Notation shall be made on the reverse side of the certificate indicating the kind of material and color, and, where curtains or drapes are treated, whether they are unlined, lined, or lined and interlined. Whenever possible the location and use of the treated articles should be given also.
This section shall apply only in cases where treated fabrics are intended for use or may sometimes be used in the State of California.
s 1321.1. Fabric and Material Certification.
All concerns in whose name an approved flame-resistant fabric or material is registered shall issue approved certificates of flame resistance covering all such products sold for use in occupancies governed by the statutes. Copies shall be furnished the buyer as well as the State Fire Marshal and the local fire authority of the customer's city. These certificates shall be delivered within 10 days after the product is shipped and shall be filled out completely and signed by an authorized representative of the concern.
In addition to the required description on the reverse side of the certificate as to yardage or quantity, color and kind, notation should be made of the manufacturer's production or lot control number, the purchase order or invoice number, and, where possible, the ultimate location and use.
s 1322. Certified True Copies.
Upon receipt of written request justifying such privilege, the State Fire Marshal may authorize issuance of certified true copies of certificates of flame resistance where conditions warrant. These certified true copies shall conform in every detail with the approved standard form on file in the office of State Fire Marshall. This form is identical to the approved standard certificate of flame resistance, with an additional legend appended, as follows:
We hereby certify this to be a true copy of the original "CERTIFICATE OF FLAME RESISTANCE" issued to us, "original copy" of which has been filed with the California State Fire Marshal.
Spaces are provided below the legend for the names of the authorized issuing concern and its designated official.
In every instance when a certified true copy is issued, a copy shall be filed with the State Fire Marshal and the local fire authority in the customer's city. Test specimens of required size shall accompany the copy sent to the State Fire Marshal.
All of the data from the original certificate shall be copied exactly, special attention being given to the name of the registered chemical, fabric, or material and its registration number and the name of the issuing concern's official.
Notation shall be made on the reverse side of the certified true copy showing (a) the location of ultimate use, when known or obtainable, such as school, theater, night club, or other occupancy governed by the statutes, (b) the yardage or quantity, (c) the kind of fabric or material, (d) its color, (e) the manufacturer's batch or production control number, and (f) the purchase order or invoice number as a means for identification.
s 1323. Filing Test Samples.
Flame-retardant application concerns shall attach to the certificate submitted to the State Fire Marshal's office not less than one two-inch (2 ") x six-inch (6 ") test sample of the fabric or material treated by them, excepting only where such sample cannot be taken without defacing finished converted goods such as curtains, drapes, flats, etc. No exception is permitted for yardage goods.
Test specimens of approved registered fabrics and materials shall be submitted to the State Fire Marshal. The wide variation in fire resistant quality of registered products, ranging from noncombustible to flameproof, militates against setting a single test size and frequency. In general, a one foot (1 ') by three foot (3 ') specimen of each unit or lot of fabric and film production bearing the production or lot number shall be submitted by the producer directly to the State Fire Marshal. For other special fabrics and materials, the sample size and test frequency will be specified on an individual basis to the concern in whose name the product is registered.
s 1324. Job Labeling.
To every article that is treated and to every roll or package of registered approved fabric or material a small label or tag shall be securely affixed, bearing the following information:
(a) The Seal of Registration of the State Fire Marshal of California.
(b) Name and registration number of the concern responsible for the job or production.
(c) Name of the registered chemical used or the registered fabric or material.
(d) Date the chemical was applied, or the fabric or material was produced.
(e) The statement, "This article must be re-treated after washing or drycleaning by systems with soap and water added" (if treated with a "Type II" chemical).
This information may be stamped, printed or stenciled on the article if so desired.
Concerns which treat or manufacture yardage goods may print or stencil their name, or the name of their fabric if registered, on the salvage (at least once every three yards) instead of affixing the label or tag as above.
s 1325. Labeling Required.
No drape, hanging, curtain, drop or similar decorative material or exterior fabric which has been treated by a registered flame-retardant application concern, either as yardage or after fabrication, or which is made from a registered approved fabric shall be installed after the effective date of these rules and regulations in any place or under any condition governed by Sections 13115 and 13119 of the Health and Safety Code unless such drape, hanging, curtain, drop, or similar decorative material or exterior fabric shall be labeled as required by Section 1324.
s 1326. Retreatment.
In cases where instructions are issued by the State Fire Marshal requiring retreatment or replacement of fabrics or materials previously treated with a flame-retardant chemical or registered as an approved fabric or material, the retreatment or replacement shall be made within ten (10) days after date of the order so requiring. A new certificate of flame resistance covering each such retreatment shall be delivered as for an original job as is provided for by Section 1321. A new sample of the retreated fabric or material shall be attached to the certificate of flame resistance submitted to the State Fire Marshal.
s 1327. Installation.
The standard fire resistance tests presume installation of approved registered fabrics in a normal vertical position. Some decorative materials installed otherwise, such as in narrow strips or suspended overhead in a horizontal position, may exhibit different burning characteristics. Since it is not feasible to devise tests for all such installations differing from normal, they must be judged on an individual basis. Where indicated, the State Fire Marshal may perform such additional tests as he deems necessary to insure adequate fire resistance of materials as installed.
s 1330. Description.
Seal of Registration of the State Fire Marshal of California
The official Seal of Registration shall consist of a series of concentric circles lettered as follows: Outer Circle:
Upper half: "REGISTERED" Upper half: "STATE OF CALI-
Lower half: "FLAME RETARDANT" FORNIA"
Lower half: "STATE FIRE
MARSHAL"
In the center shall appear five crossed trumpets.
Appended below the outer circle and in a central position shall be a box provided for displaying the registration number assigned by the State Fire Marshal to any registered approved chemical, fabric, material or flame-retardant application concern.
s 1331. Unlawful Use.
No person or concern shall use this Seal in any manner or for any purpose without having received official permission so to do from the State Fire Marshal in writing.
s 1332. Permissive Use.
Use of this Seal shall be restricted to permissive use by persons and concerns as defined by these rules and regulations as proof of the fact that the State Fire Marshal of California has approved and registered one or more of the following:
(a) Flame-retardant chemical.
(b) Flame-retardant fabric.
(c) Flame-retardant material.
(d) Flame-retardant application concern.
s 1333. Approved Use.
Approved uses of the Seal shall include, but not by way of limitation, use in connection with:
(a) Labels for containers of approved and registered chemical; or for fabrics or materials.
(b) Stencils for tents, canvas and similar fabrics.
(c) Printed matter including the certificate of flame resistance, approved promotional matter and copy for publication. [FNa1]
(d) Letterheads, personal cards and similar stationery.
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[FNa1] All copy and/or galley proofs should be submitted to the State Fire Marshal for review, prior to publication.
s 1334. Reproduction.
No person shall make any reproduction of the California State Fire Marshal's Seal of Registration other than one made from the proof of the master copy furnished the registered person or concern at the time the registration number is issued, and such reproduction shall be made in accordance with the instructions for use thereon. No alteration of the original, or copy, or facsimile other than the original furnished by the State Fire Marshal shall be used.
s 1335. Registration Number.
Before reproduction of the Seal of Registration, there shall be inserted in the box provided the Registration Number assigned by the State Fire Marshal to designate the chemical, fabric, material or application concern.
s 1336. Size.
Reproductions of the Seal for use in labeling containers of flame-retardant chemical shall have a maximum diameter of one and one-half inches (1 1/2 ").
s 1337. Cease Use Order.
No person or concern shall continue use of this Seal in any manner or for any purpose after receipt of a notice in writing from the State Fire Marshal of California to discontinue such use, or after receipt of notice in writing of the removal of its name or the name of its product from the registered list.
s 1338. Misuse.
Violation of such an order or misuse of the Seal shall constitute a violation of these rules and regulations and is a misdemeanor within the meaning of the governing statute.
s 1340. Listing.
Testing laboratories wishing to have their names listed on the State Fire Marshal's list of approved laboratories, shall first make application to the State Fire Marshal on the form provided by him.
s 1341. Approval Basis.
No laboratory shall be approved for the testing of flame-retardant chemicals unless it possesses or has access to the use of (1) all the equipment necessary for performing the tests required, and (2) personnel familiar with the testing of the flame-retardant qualities of fabrics and materials.
Note: The statutes require removal from the approved list of the names of all chemicals, flame-retardant fabrics or materials and the names of all flame-retardant application concerns who fail to pay their annual renewal registration fee on or before July 31st of each year .
s 1350. Statutory.
Section 13123 of the State Health and Safety Code provides that "The State Fire Marshal shall remove from his approved list the name of any flame-retardant chemicals, flame-retardant fabric or material or any flame-retardant application concern where he finds after a hearing that any of the following causes exists:
"(a) Selling or offering for sale a flame-retardant chemical or a flame-retardant material that is inferior to that submitted for test and approval."
"(b) Distributing or disseminating or causing to be distributed or disseminated, misleading or false information with respect to any flame-retardant chemical, fabric or material."
"(c) Changing the flame-retardant chemical formula or methods of flame-retardant treatment without first notifying the State Fire Marshal of such change and obtaining approval of same."
"(d) Using other than chemicals shown on the State Fire Marshal's approved list."
"(e) Using chemicals for the treatment of materials for which they have not been approved."
"(f) Failure to adequately and properly treat a fabric or material to make it fire resistant to the extent that it will successfully pass the fire resistance tests established by the State Fire Marshal."
"(g) Violating any minimum standard or any rule or regulation adopted pursuant to Section 13120."
"The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the State Fire Marshal shall have all the powers granted therein. Pending hearing and decision the State Fire Marshal may temporarily remove any name from his approved list for a period not to exceed 30 days, if he finds that such action is required in the public interest. In any such case the order of temporary removal shall be effective upon notice to the persons affected thereby, and a hearing shall be held and a decision issued within 30 days after such notice."
s 1351. Advertising.
Regarding paragraph (b) above, reference to approval and listing by the State Fire Marshal of a product shall be limited to a statement to the effect that the product has met the requirements of and is registered by the California State Fire Marshal.
s 1352. Regulatory.
Repeated evidence of any of the following conditions shall likewise be cause for removal from the list:
(a) Failure of a chemical to impart satisfactory flame resistance in actual use.
(b) Abnormal deterioration of fabrics or materials to which a chemical has been applied.
(c) Failure of an application concern to apply sufficient chemical (consistent with amounts used in qualifying tests) to impart flame resistance for a reasonable period of time, depending on the conditions of use of the fabric or material treated.
(d) Failure to deliver Certificate(s) of Flame Resistance as required by Section 1321 of these rules and regulations.
s 1353. Employer Responsibility.
Every flame-retardant application concern shall be responsible for the acts of its employees or agents, insofar as such acts apply to the flame-retardant treatment of any fabric or material, and the concern's registration certificate shall be subject to revocation for acts of said employees or agents.
s 1354. Restoration to List.
Restoration of names to the registered lists shall be in accordance with Sections 13124 and 13125 of the Health and Safety Code.
s 1355. Criminal Penalties.
Furthermore, Section 13112 of the State Health and Safety Code states as follows: "Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or by imprisonment for not less than 30 nor more than 180 days, or by both.
"A person is guilty of a separate offense each day during which he commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter."
Note: Authority cited for Subchapter 9: Section 13026, Health and Safety Code.
Note: Authority cited: Sections 31602(c) and 31616, Vehicle Code.
s 1550. Title.
These regulations shall be known as the "Regulations of the State Fire Marshal," may be cited as such and will be referred to herein as "These regulations."
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401, inclusive, Health and Safety Code.
s 1551. Authority.
The provisions of these regulations are adopted pursuant to Part 1, Division 11 of the Health and Safety Code.
s 1552. Purpose.
These regulations have been prepared and adopted for the purpose of establishing procedures for the classification and designation of explosives materials or explosive devices that are not under the jurisdiction of the U.S. Department of Transportation, and for the purpose of establishing reasonable provisions relating to the sale, use, handling, possession, and storage of explosives.
s 1553. Scope.
The provisions of these regulations apply to the sale, use, handling, possession, and storage of explosives of every class or kind in this State, unless specifically exempted in the State law.
s 1554. Enforcement of Regulations.
In the application of these regulations to existing occupancies, sufficient time to make corrections shall be considered. The inspection authority should exercise good judgment, taking into consideration the degree of danger to life in event of explosion, while corrections are being made. The Chief having jurisdiction may, when deemed necessary, require immediate compliance with these regulations.
s 1555. False or Misleading Statements.
It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature, whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this State, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, any statement, concerning such real or personal property or services, professional or otherwise or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.
s 1556. Misuse of Permit.
No explosives permittee shall lend his permit or allow it to be used by any person other than his authorized representatives.
s 1557. Division of Industrial Safety.
The provisions of these regulations shall not apply when the use, manufacturing, handling, possession, storage, and transportation is subject to the requirements of the Division of Industrial Safety, Department of Industrial Relations, except where the provisions of these regulations extend beyond the scope or authority of the Division of Industrial Safety, Department of Industrial Relations.
s 1558. Local Ordinances.
Nothing contained in these regulations shall be considered as abrogating the provisions of any ordinance of any city, county, or city and county or district respecting the delivery, storage, and handling of explosives provided such ordinance is at least as restrictive as the provisions of this part.
Exception: Explosives being transported on highways and at safe stopping places established under the provisions of Division 14 (commencing with Section 31600) of the Vehicle Code.
Note: Applicants, before applying for a permit, should determine that their facilities (or proposed facilities) conform to local ordinances pertaining to the delivery, handling, and storage of explosives.
s 1559. Definitions.
For the purpose of these regulations, certain terms, phrases, words, and their derivatives shall be construed as set forth in this section. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Wherever an article or section is referred to in these regulations by number it shall be understood to refer to an article or section of these regulations.
s 1559.1. "A" Definitions.
No definitions.
s 1559.2. "B" Definitions.
(a) Blasting agent shall mean any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive and in which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined.
Note: 1: A No. 8 test blasting cap is one containing 2 grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.
Note: 2: Nitro-Carbo-Nitrates shall mean any blasting agent which has been classified as nitro-carbo-nitrate by the U.S.D.O.T., and which is packaged and shipped in compliance with the regulations of the U.S.D.O.T.
(b) Bullet resistant shall mean material and construction methods capable of preventing penetration of a 180 gr., 30 caliber soft nose hunting type bullet, when propelled at a maximum velocity of 2700 feet per second when fired at a distance not to exceed 100 feet.
s 1559.3. "C" Definitions.
(a) Chief shall mean the issuing authority.
s 1559.4. "D" Definitions.
(a) Day box shall mean a portable storage container, constructed as required for a Class II magazine, except it may be less than 1 cubic yard in size.
s 1559.5. "E" Definitions.
(a) Explosives shall mean any substance, or combination of substances, the primary and common purpose of which is detonation or rapid combustion and which is capable of relatively instantaneous or rapid release of gas and heat, or any substance, the primary purpose of which, when combined with any other substance, is to form a substance capable of the relatively instantaneous or rapid release of gas and heat. This shall include combined plosophoric compounds.
(b) Explosives -Class A shall mean possessing detonating or otherwise maximum hazard; such as but not limited to, dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, more than 1000 blasting caps, and detonating primers.
(c) Explosives -Class B shall mean that in general these explosives function by rapid combustion rather than detonation and include some explosive devices such as flash powders, and liquid or solid propellant explosives which include some smokeless powders.
(d) Explosives -Class C shall mean and include certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities. For the purposes of this part, Class C explosives shall mean 1,000 or less blasting caps and detonating cord.
(e) Explosive-Actuated Power Devices shall mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices. Examples of explosive-actuated power devices shall include but shall not be limited to jet tappers and jet perforators, shaped charges, and similar devices.
s 1559.6. "F" Definitions.
No definitions.
s 1559.7. "G" Definitions.
No Definitions.
s 1559.8. "H" Definitions.
(a) Highway shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
s 1559.9. "I" Definitions.
(a) Inhabited buildings shall mean a building or structure regularly used in whole or part as a place of human habitation. The term "inhabited building" shall also mean any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble.
(b) Issuing authority shall mean either the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, or the chief of a fire department or fire protection agency, and their authorized representatives, provided that, in the event the designated issuing authority is the chief of a fire department or fire protection agency, such fire department or fire protection agency is organized with regularly paid, full-time personnel. The governing body of any county, city, or city and county shall designate one of the above as the issuing authority within its jurisdiction and shall notify the State Fire Marshal of the person so designated.
s 1559.10. "J" Definitions.
No definitions.
s 1559.11. "K" Definitions.
No definitions.
s 1559.12. "L" Definitions.
No definitions.
s 1559.13. "M" Definitions.
(a) Magazine shall mean any building, structure, or container, other than an explosives manufacturing building, authorized for the storage of explosives. (See Article 4 -Storage of explosives -for magazine classes.)
s 1559.14. "N" Definitions.
No definitions.
s 1559.15. "O" Definitions.
No definitions.
s 1559.16. "P" Definitions.
(a) Person shall mean any person, organization, firm, corporation, association, city, county, city and county, and state, and shall include any of their employees and authorized representatives.
(b) Plosophoric compounds shall mean two or more unmixed, commercially manufactured, prepackaged chemical compounds, including but not limited to hazardous materials, such as oxidizing, flammable liquids or solids, corrosive liquids or similar materials which are not independently classified as explosives, but when combined form a compound which is classified as an explosive.
(c) Propellant-actuated power devices shall mean any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
(d) Propellants shall mean solid propellants, commonly called smokeless powders, used in small arms ammunition, cannon, rockets, propellant-actuated power devices and similar devices.
(e) Public conveyance shall mean any railway car, street car, ferry, cab, bus, airplane or other vehicle which is carrying passengers for hire.
s 1559.17. "Q" Definitions.
No definitions.
s 1559.18. "R" Definitions.
(a) Railway shall mean any tramway, steam, electric, diesel electric, or other railway or railroad which carries passengers for hire on the particular line or branch in the vicinity where explosives are stored or where explosives manufacturing buildings are situated.
s 1559.19. "S" Definitions.
(a) Small arms ammunition shall mean ammunition of .75 caliber or less when designated as a Class C explosive by the U.S.D.O.T.
(b) Small arms ammunition primers shall mean small percussion sensitive explosive charges, encased in a cup, used to ignite propellants.
(c) Special industrial explosive devices shall mean explosive actuated power devices and propellant-actuated power devices.
(d) Special industrial explosive materials shall mean shaped materials and sheet forms and various other extrusions, pellets, and packages, of high explosives, which include dynamite, trinitrotoluene (TNT) pentaerythritol tetranitrate (PETN), cyclotrimethylene trinitramine (RDX), and other similar compounds used for high-energy-rate forming, expanding and shaping in metal fabrication, and for dismemberment and quick reduction of scrap metal.
s 1559.20. "T" Definitions.
(a) Tramway shall mean an aerial passenger tramway used to transport passengers by the use of overhead steel cables or by ropes, supported in one (1) or more spans.
s 1559.21. "U" Definitions.
(a) U.S.D.O.T. shall mean the United States Department of Transportation.
s 1559.22. "V" Definitions.
No definitions.
s 1559.23. "W" Definitions.
(a) Water gels, or slurry explosives shall mean a wide variety of materials used for blasting that contain substantial proportions of water and high proportions of ammonium nitrate, some of which is in solution in the water. Two broad classes of water gels are (a) those which are sensitized by a material classed as explosive, such as TNT or smokeless powder, and (b) those which contain no ingredient classified as an explosive; these are sensitized with metals such as aluminum or with other fuels.
s 1559.24. "X" Definitions.
No definitions.
s 1559.25. "Y" Definitions.
No definitions.
s 1559.26. "Z" Definitions.
No definitions.
s 1560. Permit Limitations.
No permit shall authorize the conduct of any act not specified on the permit.
s 1561. Records and Reports.
Permittees shall maintain and make available to the "Chief" having jurisdiction, records of the sale, delivery, gift or other disposition of explosives. Such records shall be kept on file for a period of not less than three years.
Exception: Permittees who are rendering a delivery service under a permit issued by the California Highway Patrol pursuant to Division 14 (commencing with Section 31600) of the Vehicle Code.
s 1562. Buildings and Structures.
All buildings and structures used in the sale, use, handling, possession, and storage of explosives shall be subject to the provisions of these regulations.
s 1563. Validity.
If any article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the State Fire Marshal, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of these regulations.
s 1565. Explosives Manufacturing.
The manufacture of any explosive or explosive device described in these regulations shall be prohibited within any city, county, city and county, fire protection district, or the state, unless such manufacturing is authorized, in writing, by the "Chief" having jurisdiction. This shall not apply to hand loading of small arms ammunition prepared for personal use and not for resale, nor shall it apply to the field-mixing of plosophoric explosive compounds.
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401 Health and Safety Code.
s 1565.1. Permits.
No person shall possess, keep, store, sell, or offer for sale, give away, use, transport, or dispose of in any manner any explosives except by permit from the "Chief" having jurisdiction, provided however that these limitations shall not apply to small arms ammunition of .75 caliber or less, cartridges for propellant-actuated power devices, and cartridges for industrial guns, 20 pounds or less of smokeless powder, 5 pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition of .75 caliber or less and that it is for personal use and not for resale.
s 1565.2. Prohibited Locations.
No person shall sell, display or expose for sale any explosives on any highway, street, sidewalk, or public way.
s 1565.3. Quantity Restriction.
The "Chief" having jurisdiction may restrict the quantity of explosives at any location within his area.
s 1566. General.
The following substances shall be stored in magazines which meet the requirements of these regulations:
(a) All Class A or B explosives
(b) All nitro-carbo-nitrate substances
(c) Mixed or combined plosophoric compounds stored independently of other explosives
(d) Any or all mixed plosophoric compounds when stored with any other Class A, Class B or any Class C explosives listed in these regulations, which, except as provided in Section 1566.1, are themselves required to be stored in magazines.
Exceptions:
(1) Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the U.S.D.O.T.;
(2) Propellant-actuated power cartridges;
(3) Small arms ammunition primers;
(4) Smokeless powder in quantities of 20 pounds or less or 5 pounds or less of black sporting powder, providing such smokeless powder or black sporting powder is for private use (not for resale) for the hand loading of small arms or small arms ammunition of .75 caliber or less;
(5) Explosive-actuated power devices when in quantities of less than 50 pounds net weight of explosive;
(6) Fuse lighters and fuse igniters;
(7) Safety fuse (safety fuse does not include cordeau detonant fuse or detonating cord).
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401, Health and Safety Code.
s 1566.1. Caps and Primers.
Blasting caps, electric blasting caps, detonating primers, and primed cartridges shall not be stored in the same magazine with other explosives.
s 1566.2. Surrounding Area.
The land surrounding magazines shall be kept clear of brush, dried grass, leaves, and other combustible materials for a distance of at least 50 feet. Magazine contents shall be protected from flooding.
s 1566.3. Magazine Classification.
Magazines as required by these regulations shall be of two classes, namely: Class I magazines, and Class II magazines.
s 1566.4. Magazine Quantity Limitations.
Class I magazines shall be required where the quantity of explosives stored is more than 100 pounds or in excess of 5,000 detonators. Class II magazines may be used where the quantity of explosives stored is 100 pounds or less, except that the "Chief" having jurisdiction may authorize the use of Class II magazines for the temporary storage, at blasting sites, of larger quantities of explosives.
s 1566.5. Required Locations.
Class I magazines shall be located in conformity with the Table of Distances for Storage of Explosives as set forth in these regulations.
s 1566.6. Magazines Within Buildings.
Except as provided in Section 1566.7, Class II magazines shall be located in conformity with the Table of Distances for the Storage of Explosives, but may, subject to the approval of the "Chief" having jurisdiction, be permitted in warehouses and in wholesale and retail establishments when located on a floor which has an exit at outside grade level and the magazine is located not more than 10 feet from such an exit. Two Class II magazines may be located in the same building when one is used only for blasting caps in quantities not in excess of 5,000 caps and a distance of 10 feet is maintained between magazines. The location of Class II magazines, within a building, shall not be changed without the prior approval of the "Chief" having jurisdiction.
s 1566.7. Temporary Storage Locations.
When used for temporary storage at a site for blasting operations, Class II magazines shall be located away from neighboring inhabited buildings, railways, highways, and other magazines as required by the "Chief" having jurisdiction. A distance of at least 150 feet shall be maintained between Class II magazines and the work in progress.
s 1567. Methods of Storage.
Packages of explosives shall be laid flat with top side up. Black powder, when stored in magazines with other explosives, shall be stored in separate piles. Corresponding grades and brands shall be stored together in such a manner so that brands and grade marks are visible. All stocks shall be stored so as to be easily counted and checked. Packages of explosives shall be piled in a stable manner. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall always be taken first. The use of storage pallets is mandatory.
Note: Authority cited: Section 12081, Health and Safety Code.
s 1567.1. Unpacking and Tools.
Packages of explosives shall not be unpacked or repacked in a magazine containing over 100 pounds of explosives, nor within 50 feet of a magazine containing over 100 pounds of explosives, or in close proximity to other explosives. Fibre, rubber, or wooden tools shall be used to open cases of explosives, except that non-sparking metal slitters may be used to open fibreboard cases. Opened packages of explosives shall be securely closed before being returned to a magazine.
s 1567.2. Storage Prohibitions.
Magazines, while being used for storage of explosives, shall not be used for the storage of any metal tools or any other commodity except explosives. However, this restriction shall not apply to the storage of blasting agents and blasting supplies or to the storage of unmixed plosophoric compounds.
s 1567.3. Cleaning.
Magazine floors shall be regularly swept, kept clean, dry, free of grit, paper, empty used packages and rubbish. Brooms and other cleaning utensils shall not have any exposed spark-producing metal parts. Sweepings from the magazine floor and other rubbish shall be removed to a safe place and destroyed. Magazine floors stained with nitroglycerin shall be cleaned according to instruction by the explosives manufacturer.
s 1567.4. Deteriorated Explosives.
When any explosive has deteriorated to any extent or shows obvious signs of deterioration, such as hardness, discoloration, excessive softness or hardness, or the package shows signs of moisture, the person in possession of such explosive shall immediately report the fact to the "Chief" having jurisdiction and upon his authorization shall proceed to destroy such explosive in accordance with the instructions of the "Chief" having jurisdiction, or the manufacturer of the explosive. Only competent experienced persons, at least 21 years of age, shall do the work of destroying explosives.
s 1567.5. Packaging.
Except for explosives kept only at an explosive manufacturing plant, no person shall store any explosive which is not completely encased in a tight metal, wooden, or fiber container, or a container approved by the U.S.D.O.T.
s 1567.6. Magazine Repairs.
When magazines are in need of inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire the explosives shall be removed from the magazine. Explosives removed from a magazine, under repair, shall either be placed within another magazine or placed a safe distance from the magazine where they shall be properly guarded and protected until repairs have been completed, at which time they shall be returned to the magazine.
s 1567.7. Smoking and Open Flames Prohibited.
Smoking, matches, open flames, spark-producing devices and firearms shall be prohibited inside of or within 50 feet of magazines. Combustible materials shall not be stored within 50 feet of magazines.
s 1567.8. Stock Piling.
Provisions shall be made to prevent the piling of stocks of explosives directly against the walls of Class I magazines. Such protection, however, shall not in any way interfere with proper ventilation or the required ventilation openings.
s 1567.9. Responsibility.
Magazines shall be in the charge of a competent person at all times who shall be at least 21 years of age, and who shall be held responsible for the enforcement of all safety precautions.
s 1568. General.
The use and handling of explosives is restricted to permittees, their employees and authorized representatives, who shall be at least 21 years of age; however, persons between the ages of 18 and 21 years may be permitted to use and handle such explosives if they are under the direct personal supervision of an experienced competent permittee, employee or authorized representative over the age of 21 years.
Note: Authority cited: Section 12081, Health and Safety Code Reference: Sections 12000-12401 inclusive, Health and Safety Code.
s 1568.1. Smoking and Open Flames Prohibited.
While explosives are being used or handled, smoking shall not be permitted and no one near the explosives shall possess matches, lighters, open light or other fire or flame.
s 1568.2. Alcohol and Narcotics.
No person shall use or handle explosives while under the influence of intoxicating liquors, or narcotics.
s 1568.3. Explosives Containers.
Authorized containers or Class II magazines shall be used for taking detonators and other explosives from storage magazines to the blasting area.
s 1568.4. Blasting Prohibitions.
(a) When blasting is done in congested areas or in close proximity to a structure, railway, or highway, or any other installation that may be damaged, the blast shall be covered before firing with a mat constructed so that it is capable of preventing fragments from being thrown.
(b) No person shall initiate blasting operations during that time of the year when burning permits are required (in the area of use) without having one of the following available for immediate use:
(1) At least one back-pack type fire extinguisher of at least four (4) gallon capacity, or,
(2) At least one round point shovel which has a minimum overall length of forty-six (46) inches.
s 1568.5. Blast Warning Devices.
Persons authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution, including but not limited to warning signals, flags, barricades, guards, or woven mats to insure the safety of the general public.
s 1568.6. Blasting Times.
Blasting operations, except by special written permission of the "Chief" having jurisdiction, shall be conducted during daylight hours.
s 1568.7. Protection of Facilities.
Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam facilities, and flammable liquid and any similar lines, the blaster shall notify the appropriate representatives of such facilities, at least 24 hours, in advance of blasting, specifying the location and intended time of such blasting. In an emergency this time limit may be waived by the "Chief" having jurisdiction.
s 1568.8. Precautions -Accidental Discharge.
Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, sand or dust storms, or other sources of extraneous electricity. These precautions shall include:
1. The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm, or sand or dust storms.
2. The posting of signs warning against the use of mobile radio transmitters on all access roads between 1,000 feet and 3,000 feet of the blasting operations. The sign shall be in contrasting 8 inch letters on a white background and shall read: "BLASTING AREA -NO RADIO TRANSMITTING." Signs shall be displayed only at times of blasting.
3. No electric blasting shall be done under overhead electric lines, or at such distance where it is possible for the blasting line to be blown in contact with any electric line unless the power in the energized line is shut-off or unless shot blow deflectors, hold downs, mats, logs, or other material are placed over the charge to confine the blast.
4. When blasting near overhead electric lines, and when placing the lead and leg wires near these lines, the lead and leg wires shall not be placed parallel to the power line, and they shall be securely anchored.
s 1568.9. Abandonment Prohibited.
No explosives shall be abandoned, but shall be returned to proper storage.
s 1569. Drill Hole Size.
All drill holes shall be sufficiently large to admit freely the insertion of the explosives.
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401 inclusive, Health and Safety Code.
s 1569.1. Drill Hole Loading.
No holes shall be loaded except those to be fired in the next round of blasting. After loading, all remaining explosives shall be immediately returned to proper storage.
s 1569.2. Drill Hole Tamping.
Tamping shall be done only with wood rods without exposed metal parts, but non-sparking metal connectors may be used for jointed poles. Plastic tamping poles may be used, provided they have been approved by the Division of Industrial Safety. The end of the tamping rod shall be kept square and of such diameter that the tamping rod will not by-pass the cartridges in the hole. When explosives are loaded into a bore hole, tamping shall be by pressure or light blows only and never by violent ramming.
s 1569.3. Drill Hole Examination.
Drilling shall not be started until all remaining butts of old holes are examined with a wooden stick for unexploded charges, and if any are found, they should be refired before other work proceeds.
s 1569.4. Drill Hole Deepening.
Drill holes which have contained explosives shall not be re-drilled.
s 1570. Blasting Cap Prohibitions.
Electric blasting caps only shall be used for blasting operations in congested districts, or on highways, or adjacent to highways open to traffic, or within brush or grass covered lands, except where sources of extraneous electricity make such use dangerous.
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401 inclusive, Health and Safety Code.
s 1570.1. Fuse Crimping.
When fuse is used, the blasting cap shall be securely attached to the safety fuse by a standard ring type cap crimper. Crimping with a knife or the teeth is expressly prohibited.
s 1570.2. Primer Make-Up.
Except for underground work, primers shall be made up only as required for each round of blasting.
s 1570.3. Blasting Cap Preparation.
No blasting cap shall be inserted into the explosives without first making a hole in the cartridge for the cap with a wooden, non-sparking metal, or plastic punch of proper size or standard cap crimper.
s 1570.4. Explosives Extraction.
Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate the unexploded charge by insertion of a fresh additional primer. If extraction is necessary it shall be done under the personal supervision of the blasting supervisor.
s 1570.5. Explosives Misfires.
If there are any misfires while using cap and fuse, all persons shall remain away from the charge for at least one (1) hour. If electric blasting caps are used and a misfire occurs, this waiting period may be reduced to thirty (30) minutes. Misfires shall be handled under the direction of the person in charge of the blasting. All wires shall be carefully traced and a search made for unexploded charges.
s 1570.6. Circuit Testing.
Blasters, when testing circuits to charged holes, shall use only blasting galvanometers designed for this purpose. All circuits containing ten (10) or more caps shall be tested.
s 1570.7. Circuit Connections.
Only the man making leading wire connections in electrical firing shall fire the shot. All connections shall be made from the bore hole back to the source of firing current, and the leading wires shall remain shorted and not connected to the blasting machine or other source of current until the charge is to be fired.
s 1570.8. Blast Warnings.
Before a blast is fired, a loud warning signal shall be given by the person in charge, who has made certain that all surplus explosives are in a safe place, all persons and vehicles are at a safe distance or under sufficient cover, and that an adequate warning has been given. He shall also ascertain that all entrances to the place or places where charges are to be fired are properly guarded.
s 1571. General.
Except in an emergency and with permission of the "Chief" having jurisdiction, no person shall have or keep explosives in a railway car unless said car and contents and methods of loading are in accordance with the U.S.D.O.T. Regulations for the Transportation of Explosives.
Note: Authority cited: Section 12081, Health and Safety Code. Reference: Sections 12000-12401 inclusive, Health and Safety Code.
s 1571.1. Cargo Delivery.
No person shall deliver any explosive to any person who does not possess and present a valid permit, or copy thereof, to receive and transport from the "Chief" having jurisdiction and/or the California Highway Patrol. In addition to the permit requirements, rail or truck terminal personnel shall not deliver any explosive to any person unless such explosive conforms in all respects, including marking and packing, to the U.S.D.O.T. Regulations for the Transportation of Explosives.
s 1571.2. Placarding at Destination.
Every railway car containing explosives which has reached its destination, or is stopped in transit so as no longer to be in interstate commerce, shall remain placarded as required until completely unloaded. After unloading, such placards shall be removed.
s 1571.3. Explosives Location.
Any explosives at a railway facility, truck terminal, pier, wharf, harbor facility, or airport terminal, within any city, city and county, county, fire protection district, or the state, whether for delivery to a consignee, or forwarded to some other destination, shall be kept in a safe place which has been approved by the "Chief" having jurisdiction. In approving such location it is the intent that the explosives shall be isolated as far as practicable and in such manner that they can be easily and quickly removed.
s 1571.4. Cargo Delivery Times.
Explosives shall not be delivered to or received from any railway station, truck terminal, pier, wharf, harbor facility, or airport terminal within a city, city and county, county, fire protection district, or the state between the hours of sunset and sunrise, except by special permit from the "Chief" having jurisdiction.
s 1571.5. Fire Department Notification.
When explosives are brought into any city, city and county, county, fire protection district, or the state, by any means of transportation, for delivery to an intermediate receiver, consignee's agent or consignee, or to be forwarded to some other destination, the carrier performing the shipment shall immediately notify the consignee and when required, the "Chief" having jurisdiction of the arrival of the explosives, and if said consignee does not receive and remove the said explosives from the possession of the carrier within 48-hours (Sundays and holidays excluded), after such notification, then the railway, trucking firm, vessel agent, or airline shall remove the said explosives from the city, city and county, county, fire protection district, or state or to a permitted magazine or make a report to the "Chief" having jurisdiction, who shall see that the said explosives are moved to a place of safety. (continued)